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<br />~t::-l~ <br /> <br />their actual condition and location. Partial release of any security required herein may <br />be granted, at the discretion of City, in accordance with the provisions of Section <br /> <br />66499.7 of the Government Code. <br />8. GUARANTEE OF WORKMANSHIP AND MATERIALS. Owner agrees that <br /> <br />if, within a period of one (1) year after final acceptance of any work done under this <br />Agreement, the improvements furnished and/or installed or constructed or caused to be <br /> <br />constructed by Owner, or any of the work done under this Agreement, fails to fulfill any <br />of the requirements of this Agreement, or the plans and specifications referenced <br /> <br />herein, Owner shall upon receipt of a request in writing from City directing the work to <br />be done, without delay and without any cost to City, repair or replace or reconstruct any <br /> <br />defective or otherwise unsatisfactory part or parts of the Improvements or work. Should <br />Owner fail to act promptly to make such repair, replacement or reconstruction, or <br /> <br />otherwise to act in accordance with this requirement to repair, replace or reconstruct, or <br />should the exigencies of the case require that repair, replacement or reconstruction be <br /> <br />made before Owner can be notified, the City may, at its option, make the necessary <br />repair, replacer--ent or reconstruction or perform the necessary work and Owner shall <br /> <br />pay the City the actual cost of thereof plus fifteen percent (15%). <br />Notwithstanding any provisions to the contrary as set forth in this Agreement, <br /> <br />Owner shall not be responsible for repair, replacement, or reconstruction of any <br />Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br /> <br />agents, employees or contractors) beyond Owner's ability to control, civil emergencies, <br />natural disasters, cr similar acts or events. <br /> <br />9. <br /> <br />SECURITY TO INSURE GUARANTEE. Owner agrees, as a condition <br /> <br />precedent to City's acceptance of any of the Improvements which are the subject of this <br />Agre9ment, to furnish and file with the City Clerk a bond or deposit in the amount of <br /> <br />Two Hundred Ten Thousand and No/100 Dollars ($210,000.00) for all expressly <br /> <br />Agmt-357 <br />AKldjk <br />F: /Shared/Redwood/Council <br />5/22/00 5/31/00R <br /> <br />6 <br />